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You are here: Home1 / Negligence2 / DEFENDANTS DEMONSTRATED SIDEWALK DEFECT WAS TRIVIAL.
Negligence

DEFENDANTS DEMONSTRATED SIDEWALK DEFECT WAS TRIVIAL.

The First Department determined defendants were entitled to summary judgment in this slip and fall case because the sidewalk defect was trivial:

 

Defendants established their entitlement to judgment as a matter of law, in this action where plaintiff alleges that she was injured when she tripped and fell on a long crack between pavement flags in a walkway that was between two buildings owned by defendants. Defendants submitted evidence, including deposition testimony, an affidavit of an inspector who measured the crack as 1/4″ deep, and photographs, demonstrating that the subject defect was trivial and thus, not actionable … . The photographs show that the crack was in the middle of the walkway, in a well-illuminated location, and was not hidden or covered in any way so as to make it difficult to see and identify as a hazard … .

In opposition, plaintiff failed to raise a triable issue of fact as to whether the crack in the walkway constituted a dangerous condition under the circumstances. She provided no affidavit of a person who had measured the crack, but only her own and her daughter’s estimates of its depth. Garcia v 549 Inwood Assoc., LLC, 2016 NY Slip Op 01249, 1st Dept 2-18-16

 

NEGLIGENCE (SIDEWALK DEFECT TRIVIAL)/SLIP AD FALL (SIDEWALK DEFECT TRIVIAL)/TRIVIAL DEFECT (SIDEWALK CRACK)

February 18, 2016/by CurlyHost
Tags: First Department
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